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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50144
Experience:  Qualified Solicitor
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Dear sirs. I am currently involved in an employment tribunal

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Dear sirs. I am currently involved in an employment tribunal claim with my ex employer for unfair constructive dismissal. As part of the court management order they have missed the deadline for 2 which I have highlighted to the tribunal court. They have emailed me directly stating if I would agree to extend the deadline of the case management orders with them informally with them which will be easier for them and myself apparently as they feel that it would be easier and less time consuming for them to apply to get this extension from the court directly. Do you think I should agree? If I say no, will this affect my case? Can the court force them to pay a fine as they have failed the case management order? Please help! Thanks

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Which deadlines have they missed?

Customer: They have missed the declaration deadline where a list of documents they and I wish to refer to at the hearing and the respondent sending a bundle they have prepared to me
Customer: they have stated that it was because I have yet to send them my bundle. I can't complete my bundle until I receive some information which I requested as part of my declaration
Ben Jones :

ok these are not serious breaches and are mainly bad management rather than something that jeopardises your case and may unfairly prejudice you. It happens all the time - parties constantly miss deadlines and it is not uncommon to ask for extensions. You will not get the tribunal to fine them for this, it is not what happens, they will get a slap on the wrist and if the breaches continue closer to the hearing and they start to affect the claim then more serious action can be taken, such as considering striking out their claim. But this will not happen at this stage. You could resist the proposal for extension but i they have good reason and the claim will not be affected they can apply to the tribunal and be granted a formal extension. You should not be penalised if you refused but it wouldn't be wrong to cooperate either

Customer: Thank you
Ben Jones :

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